52Witness not to be prejudiced

#### 52 Witness not to be prejudiced (1) A person shall not: (a) use violence to or inflict injury on; (b) cause violence, damage, loss or disadvantage to; or (c) cause the punishment of; a person for or on account of the person’s having appeared, or being about to appear, as a witness at an inquiry or for or on account of any evidence given by the person before an inquiry. (2) Without limiting the generality of subsection (1), an employer shall not: (a) dismiss an employee from his or her employment, or prejudice an employee in his or her employment, because the employee has appeared as a witness, or has given any evidence, at an inquiry; or (b) dismiss or threaten to dismiss an employee from his or her employment, or prejudice, or threaten to prejudice, an employee in his or her employment, because the employee proposes to appear as a witness or to give evidence at an inquiry. (3) A person who contravenes subsection (1) or (2) is guilty of an offence punishable on conviction: (a) if the offender is a natural person—by a fine not exceeding $2,000 or imprisonment for a period not exceeding one year, or both; or (b) if the offender is a body corporate—by a fine not exceeding $10,000. (4) In any proceedings arising out of subsection (2): (a) if it is established that the employee was dismissed from, or prejudiced in, his or her employment and that, before he or she was so dismissed or prejudiced, the employee appeared as a witness, or gave any evidence, at an inquiry—the employee shall be deemed, unless the contrary is proved, to have been so dismissed or prejudiced because the employee so appeared as a witness or gave evidence; or (b) if it is established that the employee was dismissed, or threatened with dismissal, from his or her employment, or was prejudiced, or threatened with prejudice, in his or her employment and that, before the employee was so dismissed, threatened with dismissal, prejudiced or threatened with prejudice, the employee proposed to appear as a witness, or to give evidence, at an inquiry—the employee shall be deemed, unless the contrary is proved, to have been so dismissed, threatened with dismissal, prejudiced or threatened with prejudice because the employee proposed so to appear as a witness or to give evidence.